TAPE RECORDINGS

Most people believe that before you can tape record a conversation all parties must be notified that the conversation is being taped. In New Jersey a conversation can be tape recorded so long as one party consents to the taping. Therefore, any party can tape record any conversation since the party taping the conversation consents to the taping.

It is illegal however to tape records a conversation when you are not a participant in the conversation. For example, you can tape record a conversation between you and your employer without your employer’s knowledge. You cannot however tape record a conversation between two co-employee’s unless you are participating in the conversation.

Recently a New Jersey Court refused to consider a tape recorded conversation between an employee and employer because the Court did not want to encourage tape recorded conversations in the workplace. Unfortunately, this tape of evidence is often the only way to prove many types of discrimination cases.

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